Dealing with a foreign divorce decree in the Philippines can be a complex and often confusing process for many overseas Filipinos.
Under the provisions of the Family Code, specifically Article 26, the Philippine government allows for the recognition of a divorce validly obtained abroad by a foreign spouse.
What is the Recognition of Foreign Divorce in the Philippines?
The Philippine legal system follows the nationality principle, meaning Philippine laws follow its citizens wherever they go.
Whether it is a divorce in the US recognized in the Philippines or a divorce in Korea recognized in the Philippines, the procedure remains largely the same: you must prove the divorce happened and that it was valid under the foreign spouse's national law.
Key Requirements for Foreign Divorce Recognition
Success in your petition depends heavily on the documentation you provide to the Regional Trial Court (RTC).
Essential Documents Include:
The Foreign Divorce Decree: This must be an authentic copy issued by the foreign court or authority.
Proof of Foreign Law: You must prove petition for recognition of foreign divorce philippines that the law of the foreigner's country allows for divorce.
PSA Marriage Contract: The official record of the marriage you are seeking to dissolve.
Identification Documents: Valid passports and birth records.
The Process: How to Recognize Foreign Divorce in the Philippines
To successfully file your petition, you will generally follow this roadmap:
Engagement of a Lawyer: Since this is a judicial process, legal representation is mandatory.
Filing the Petition: The case is filed in the province or city where the petitioner resides or where the marriage was recorded.
Trial and Evidence: foreign divorce decree philippines You (or your representative) will present the evidence of the divorce and the foreign law.
Judgment and Registration: Once the court grants the petition, the decree must be registered with the PSA and the Civil Registrar.
Cost of Recognition of Foreign Divorce in the Philippines
Many applicants are concerned about the recognition of foreign divorce in Philippines cost.
The total expenses can vary significantly based on the complexity of the case and the lawyer's fees.
Legal Fees: Charges for the lawyer’s expertise and representation.
cost of recognition of foreign divorce in philippines Filing Fees: Paid directly to the court.
Newspaper Publication: A mandatory step in the judicial process.
Apostille and Translation Services: Ensuring your foreign documents are legally recognized in the cost of recognition of foreign divorce in philippines Philippines.
Final Thoughts
By understanding Article 26 of the Family Code, you can finally move forward with your life with the peace of mind divorce filipino citizen married to foreigner that your civil status is correctly updated.